JUDGMENT :

1. The present First Appeal is directed against the judgment and award passed in Motor Accident Claims Petition No. 280 of 1987 by the learned Motor Accident Claims Tribunal (Main), Bhavnagar on 17.6.1993, the appellant – Insurance Company has preferred the present appeal.

2. The broad facts of the case are that a vehicular accident took place on 13.9.1984 on the road leading from Alang to Bhavnagar and the vehicle involved was a Matador bearing No.GUQ 9201 owned by Rajesh Iron and Metal Ship Breakers – respondent No.1 and insured with the Oriental Insurance Company Limited. It is the case of the appellant that several persons were travelling in the said Matador and in the accident, three persons died and one suffered injuries. The deceased were one Dipakbhai Rajaram, partner of Rajesh Iron and Metal Ship Breakers, his accountant Dushyantkumar Bhatukbhai Trivedi and Savjibhai also an employee of the said firm and the injured was one Mahmadbhai Mavjibhai Khoja.

3. The claim petitions were filed by the heirs of the deceased and the injured. It may be noted that Motor Accident Claim Petition Nos.318 and 321 of 1984 were filed in the year 1984 whereas Motor Accident Claim Peti